California-Am I entitled to overtime pay working at a privately held company?

[Boba7523]

What is the name of your state (only U.S. law)? California


I work in Los Angeles County, California for a privately held company. I'm paid once a month on salary basis and my job title is "Marketing Specialist." According to my employer, all sales and marketing personnel don't have overtime pay.

I work from 8:30am to 5:00pm with a 30 minute lunch break. We use time card:

- Clock in when arriving at 8:30am
- Clock out for lunch
- Clock back in after lunch
- Clock out end of day

I finish lunch in 15 minutes, and rather than not waste it by sitting there with nothing to do, I clock back in right after finishing lunch. At the end of the day, my daily work time is usually around 8h30mins.

Am I entitled to overtime pay? In my formal job offer letter, there was no mention of overtime.

Thanks!

 

[LeeHarveyBlotto]

The job title is too vague to determine what matters, which is whether the position is exempt or non-exempt. Please describe your job duties.

Note, if you should be non-exempt which would require overtime, you can be fired for clocking in and out outside the scheduled times.

 

[cbg]

Note: Even if you prove to be salaried exempt and not due overtime, you can still be fired for clocking in and out outside the scheduled time.

But it is your job duties and not the hours you work or your job title that determines if you are entitled to overtime or not.

This might get you started, but if you want informed opinions from the responders here, you're going to need to provide more detail about what you actually do.

http://www.dol.gov/elaws/esa/flsa/screen75.asp

 

[TinkerBelleLuvr]

What I am finding from research that the MINIMUM requirement for California is to be paid on a semi-monthly basis. What this means is that being paid only once a month is a violation of California law if you are misclassfied.


http://employment.findlaw.com/wages-and-benefits/state-pay-day-requirements.html

http://www.dir.ca.gov/dlse/faq_paydays.htm